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GALWAY, J. The defendant, Peter Johnson, appeals his conviction in Superior Court (Lewis, J.) for driving while intoxicated, second offense. See RSA 265:82 (2004) (repealed and replaced by RSA 265-A:2 (Supp. 2007)); RSA 265:82-b (2004) (repealed and replaced by RSA 265-A:18 (Supp. 2007)). The defendant argues that the trial court erred in its jury instructions and in its answer to a question from the jury during its deliberations. We affirm.

GALWAY, J. The defendant, Education Development Center, Inc. (EDC), appeals, and the plaintiff, Clark & Lavey Benefits Solutions, Inc. (C&L), crossappeals, from rulings of the Trial Court (Groff, J.). We affirm.

BROCK, C.J. The defendant, Chad Evans, was convicted of reckless second-degree murder, see RSA 630:1-b (1996), five counts of second-degree assault, see RSA 631:2 (1996), endangering the welfare of a minor, see RSA 639:3, I (1996), and simple assault, see RSA 631:2-a (1996), following the death of twenty-one-month-old Kassidy Bortner, the daughter of his girlfriend, Amanda Bortner. He appeals, arguing that: (1) the Superior Court (T. Nadeau, J.) erroneously gave the jury a false exculpatory statement instruction; (2) the evidence on the second-degree murder charge was insufficient because it failed to eliminate the conclusion that Kassidy’s babysitter, Jeffrey Marshall, killed her; and (3) the court erroneously admitted various of Amanda’s statements under the excited utterance exception to the hearsay rule. See N.H. R. Ev. 803(2). We affirm.